News
Administrative process: the questions and exceptions declared absorbed or not examined in the first instance sentence can be re-proposed on appeal.
- 04/01/2021
The Council of State, section III, with sentence of 14 December 2020, n. 7967 established that in the administrative process, parties other than the appellant are allowed to re-propose, pursuant to art. 101, paragraph 2 of the c.p.a., the applications and exceptions declared absorbed or not examined in the first instance sentence, by means of a simple defense brief (not notified) to be filed under penalty of forfeiture within the term for the appearance of the parties themselves. Only in the hypothesis in which the preliminary objection has been examined and rejected by the court of first instance, the excipient party (as the losing party) has the burden of challenging the relative head of the sentence in the forms of the cross appeal, albeit conditional .
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